COLUMN: Full garages create parking problems

Q. Our covenants state that garages should be used for the parking or storage of vehicles and shall not be used solely for the storage of other items. Some owners have two vehicles and are using their garages solely for storage of household items. They are parking one of their vehicles in a carport and using the other parking spaces, not considering other owners who own two cars but only have one carport and no garage.

Our board is not enforcing this regulation. What can we do to get this rule enforced?

A. During the homeowner forum at the next meeting, you should urge the board to enforce the regulations. Your board probably may fine these homeowners as well as tow their vehicles for noncompliance.

If the board does not make any attempt to enforce the rules, then you have a couple of options. You could file a complaint with the ombudsman's office and ask for arbitration or mediation. The initial filing fee is $50. The board would receive notice from the ombudsman and then would have to reply to the complaint within 30 days of receipt of the notice. The ombudsman's office can explain the process in detail.

Also, you could encourage homeowners who will enforce these regulations to run for the board. If you do not want to wait for the next annual meeting and you have serious complaints about the board, you could file a petition with 10 percent signature of the owners and request a special meeting of the homeowners to remove the board. This would be a radical move, unless there are other major problems with your board.

Q. If damage occurs in an owner's unit or in the unit below as a result of deteriorating plumbing (not negligence, such as an overflowing tub), who is responsible?

Also, which rules can be made by the board and which ones need the approval of members?

A. Your governing documents determine who is responsible for plumbing problems. In many associations, the association would only be responsible for repairing the problem, not for repairing any interior damages to the units. Homeowners should all carry supplemental insurance for these circumstances.

If the board passed a rule that the individual owner will be responsible for repairing plumbing and the interior damage it causes, review the covenants. If they do not state that the individual owner is responsible for all of the repairs, including the plumbing, then the board's rule would be invalid since it contradicts the covenants which take legal precedent over the rules. Covenants are superior to the rules.

Usually, the association funds a reserve account for the repairs and replacement of the plumbing system.

Regarding the approval of rules, the board can pass any rule without homeowner vote. The rule must be consistent with your covenants and bylaws. For example, if the bylaws state that you can have two pets, the rules cannot state that only one pet is allowed. Also, the rule must be equally enforced.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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